50 without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.” 117. The Applicants argued that though the law prohibiting independent candidature applies to all Tanzanians equally, its effects are discriminatory because only those who are members of and are sponsored by political parties can seek election to the Presidency, Parliament and Local Government positions. The Applicants referred the Court to the jurisprudence of the African Commission in Communication No 211/98 Legal Resources Foundation v Zambia Fourteenth Activity Report (2000 – 2001) at paragraph 64 where the Commission held inter alia that any“ measure which seeks to exclude a section of the citizenry from participating in the democratic processes is discriminatory and falls foul of the Charter”. 118. The Respondent maintained that the law prohibiting independent candidature is not discriminatory as it applies equally to all Tanzanians. 119. It appears that the Applicants are alleging discrimination stemming from the above mentioned constitutional amendments between Tanzanians belonging to political parties on one hand, and Tanzanians not belonging to political parties to the other, as the former can contest presidential, legislative and local elections while the latter are not so permitted. In that understanding, the right not to be discriminated is related to the right to the equal protection by the law as guaranteed by Article 3.2 of